Delaware Wrongful Death Lawyers Providing Help and Guidance to Family Members of Victims
An unexpected death can change the fortunes of a family in one day. Suddenly, surviving family members are juggling medical expenses, child care, and house payments without the financial and emotional support of their loved one. Additionally, they may find themselves responsible for funeral and burial arrangements. It can be overwhelming and lead to financial disaster.
It’s even more devastating when your loved one has died due to someone else’s negligent actions, as grief is often mingled with anger and frustration at the needlessness of it all. At Inkell Firm, LLC, we have helped many families in this situation file wrongful death cases to find the justice and stability they need after their loved one’s passing. We will compassionately handle your case and fight to get you the compensation you deserve.
Reach out to our firm today at (302) 297-7775 to schedule a free consultation with one of our injury lawyers.
What Is a Wrongful Death Claim?
If an individual dies as a direct result of the wrongful actions of another, whether intentional or accidental, a surviving family member is eligible to file a wrongful death claim. Many scenarios may warrant such a claim. Any situation where an individual would have been eligible to file a personal injury claim if they had survived likely qualifies for a wrongful death lawsuit.
One notable exception is when an employee is fatally injured on the job. Most of these cases must be handled through Delaware’s worker’s compensation program unless their death was caused by a third party’s negligence, such as a vendor, architect, or defective equipment manufacturer. Examples of situations that may lead to wrongful death claims include:
- Anesthesia malpractice
- Car accidents
- Commercial truck crashes
- Defective product injuries
- Emergency room medical malpractice
- Fatal accidents during supervised activities
- Motorcycle accidents
- Murder
- Premises liability accidents
You can file a wrongful death claim even when a criminal case is pending against the individual responsible for the decedent’s death. This often occurs in cases of murder, vehicular manslaughter, and similar incidents.
Who Is Eligible to File a Wrongful Death Claim?
A wrongful death claim is intended to benefit those related to the deceased individual and negatively impacted by their death. Each state has different laws regarding eligibility. In Delaware, the following relations to the decedent may file a claim:
- Spouse
- Parent(s)
- Child(ren)
- Sibling(s)
- Half-sibling(s)
- Parents not married at the decedent’s birth, provided the father acknowledged paternity
Under Delaware’s statute of limitations, relatives have two years from the date of death to file a wrongful death lawsuit.
What Is Necessary for a Successful Wrongful Death Lawsuit?
In a wrongful death case, it must be proven that the decedent died due to the defendant’s actions or choices. This process is similar to personal injury litigation, requiring proof of:
- The defendant owed a duty of care to the decedent.
- The defendant breached that duty.
- The breach directly caused harm and damages.
Additionally, a representative for the decedent’s estate must be chosen. This representative manages the estate’s finances and ensures that damages are distributed to the rightful heirs.
What Damages May Be Recovered?
Losing a loved one is heartbreaking, and it’s even more painful when caused by another’s actions. The courts calculate compensation by considering various factors, such as the decedent’s income and the dependents’ reliance on them. Recoverable damages include:
- Economic damages: Medical expenses, lost wages, loss of future earnings, funeral costs, and other financial losses.
- General damages: Pain and suffering, emotional distress, and loss of companionship or consortium.
- Punitive damages: Awarded in cases of egregious negligence or willful misconduct.
Why Should You Hire a Wrongful Death Lawyer?
Losing a family member unexpectedly brings grief and sadness. It shouldn’t bring financial anxiety. Those responsible should be held accountable. Inkell Firm, LLC can help you get maximum compensation. Our experienced Delaware wrongful death lawyers handle cases with skill, empathy, and dedication.
We offer free initial consultations, flexible appointments, and work on a contingency basis — you pay nothing unless we win or settle your case. Contact Inkell Firm, LLC at (302) 297-7775 today.